§55-7-9. Violation of Statutes
Any person injured by the violation of any statute may recover from the offender such damages as he may sustain by reason of the violation, although a penalty or forfeiture for such violation be thereby imposed, unless the same be expressly mentioned to be in lieu of such damages.
§55-7-20. Limiting Civil Liability of Nonprofits for Arranging Passage on Excursion Trains
Any not for profit corporation for which one of its purposes is to arrange for persons or groups of persons to take excursions through, on, at or near places of scenic, historic or educational interest using trains, trackage or other related equipment and facilities of a regulated common carrier or governmental entity, shall not be […]
§55-7-10. Trespass Abolished; Trespass on the Case to Lie in Lieu Thereof
The action of trespass is abolished. In all cases in which an action of trespass could have been maintained an action of trespass on the case shall lie.
§55-7-11. Suits Against Unincorporated Common Carriers
Where common carriers are not incorporated, any one or more of them may be sued by his or their name or names only, to recover damages for loss of, or injury to, any parcel, package, or person; and such suit shall not abate for the want of joining any of the coproprietors, or copartners.
§55-7-11a. Settlement, Release or Statement Within Twenty Days After Personal Injury; Disavowal; Certain Expressions of Sympathy Inadmissible as Evidence
(a) If a person sustains a personal injury, no person shall within twenty days from the date of the personal injury while the injured person is either: (i) An inpatient in any hospital; or (ii) partially or totally unable to engage in his or her usual trade, profession or occupation: (1) Negotiate or attempt to […]
§55-7-12. Liability of One Joint Tort-Feasor Not Affected by Release To, or Accord and Satisfaction With, Another
A release to, or an accord and satisfaction with, one or more joint trespassers, or tort-feasors, shall not inure to the benefit of another such trespasser, or tort-feasor, and shall be no bar to an action or suit against such other joint trespasser, or tort-feasor, for the same cause of action to which the release […]
§55-7-13a. Modified Comparative Fault Standard Established
(a) For purposes of this article, "comparative fault" means the degree to which the fault of a person was a proximate cause of an alleged personal injury or death or damage to property, expressed as a percentage. Fault shall be determined according to section thirteen-c of this article. (b) In any action based on tort […]
§55-7-13b. Definitions
As used in this article: "Compensatory damages" means damages awarded to compensate a plaintiff for economic and noneconomic loss. "Defendant" means, for purposes of determining an obligation to pay damages to another under this chapter, any person against whom a claim is asserted including a counter-claim defendant, cross-claim defendant or third-party defendant. "Fault" means an […]
§55-7-13c. Liability to Be Several; Amount of Judgment; Allocation of Fault
(a) In any action for damages, the liability of each defendant for compensatory damages shall be several only and may not be joint. Each defendant shall be liable only for the amount of compensatory damages allocated to that defendant in direct proportion to that defendant's percentage of fault, and a separate judgment shall be rendered […]
§55-7-13d. Determination of Fault; Imputed Fault; When Plaintiff’s Criminal Conduct Bars Recovery; Burden of Proof; Damages; Stay of Action; Limitations; Applicability; Severability
(a) Determination of fault of parties and nonparties. — (1) In assessing percentages of fault, the trier of fact shall consider the fault of all persons who contributed to the alleged damages regardless of whether the person was or could have been named as a party to the suit; (2) Fault of a nonparty shall […]